Legal Opinion

Morrison v. Herrick

Illinois Supreme Court

Decided October 31, 1889PublishedCited by 20 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Bichard S. Tuthill, Judge, presiding. As the appellees were in possession, under their written lease, for one year, and not under their equitable claim, their possession was notice to Miner, Beal & Co. only of the title 'under which they entered.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Bichard S. Tuthill, Judge, presiding. As the appellees were in possession, under their written lease, for one year, and not under their equitable claim, their possession was notice to Miner, Beal & Co. only of the title 'under which they entered. McMahon v. Griffin, 3 Pick. 154; Matthews v. Demeritt, 22 Me. 215; Grundies v. Reid, 107 Ill. 304; Pickerell v. Morss, 97 id. 220. To take a verbal contract for the sale or lease of land out of the Statute of Frauds…

1Opinion of the CourtJustice Bailey

In this case, Harry Herrick and Charles K. Herrick filed their bill in chancery against Edward W Morrison, to compel the specific performance by him of an oral agreement, alleged to have been made on or about June 1, 1884, for a lease, for a term of five years from May 1, 1885, of a certain store and basement known as number 115, East Madison street, Chicago. George A. Miner and others, comprising the firm of Miner, Beal & Co., were also made parties defendant, it being alleged that said Morrison had fraudulently executed to them a lease of said premises, and had entered into an unlawful and…

2Cases cited9 opinions

  1. Wood v. ThornlyIllinois Supreme Court · 1871
  2. Tate's Administrator v. Jones'Supreme Court of Florida · 1877
  3. Keys v. TestIllinois Supreme Court · 1864
  4. Pickerell v. MorssIllinois Supreme Court · 1880
  5. Fitzsimmons v. Allen's AdministratorIllinois Supreme Court · 1866

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3Cited by20 opinions

  1. Anderson v. WhippleIdaho Supreme Court · 1951
  2. Andrew v. BabcockSupreme Court of Connecticut · 1893
  3. Kaybill Corp., Inc. v. CherneAppellate Court of Illinois · 1974
  4. Martin v. MartinIllinois Supreme Court · 1897
  5. Watkins v. BalchWashington Supreme Court · 1906

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